James Richard Butler’s Answers

James Richard Butler

Houston DUI / DWI Attorney.

Contributor Level 13
  1. What kind of charges can I or the state (TX) press against my ex for purposely blowing drunk into my ignition interlock device?

    Answered over 1 year ago.

    1. Joseph Francis Vinas
    2. James Richard Butler
    3. Kimberly F. Minick
    4. Ethan Patrick Meaney
    5. Jasen Bodie Nielsen
    5 lawyer answers

    Not sure if charges will be filed. You should be OK since the camera will show him blowing.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Just got charged with my first DWI last night, my breath test was at the station, it was .11 and .10 --- I am in Dallas TX

    Answered over 1 year ago.

    1. John M. Gioffredi
    2. James Richard Butler
    3. Joseph Francis Vinas
    4. Macy Michelle Jaggers
    5. Charles Elwood Soechting Jr.
    6. ···
    8 lawyer answers

    My goodness yes you need an attorney. You need an attorney who has experience trying DWI breath test cases. There are many attorneys from Dallas who frequent this list-serve, who offer free initial consultations I suggest you speak to one of them. As far as the breath test is concerned, Texas is a time of driving state. What that means is that the state must prove that you were .08 or higher at the time of driving,not at the time of taking the test, You said you did well on the field sobriety...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Whats the worst outcome i can face on this, do i need a lawyer or can i represent myself?

    Answered 4 months ago.

    1. Rixon Charles Rafter III
    2. Stephen Patrick Pfeiffer
    3. Mark Steven Paullin
    4. Kevin Reese Pettrey
    5. James Richard Butler
    6. ···
    7 lawyer answers

    Oh my goodness ! This is the kind of case that those of us who litigate DWI cases chomp at the bit for. You have nice facts here. It's hard to believe they went with the higher of the two numbers. In Houston,Texas, they go with the lower number. There are many fine DUI lawyers in your area that would love to help you with this case. As the other attorney mentioned - there are many of us who will work with you on payments. Please hire an attorney to help you - just be sure that attorney has DWI...

    6 lawyers agreed with this answer

  4. I got 10 years probation in 2000 for dwi skipped out after less than a year if i turn myself in do i have to serve 10 years

    Answered 6 months ago.

    1. Tristan Nicolas Legrande
    2. Cynthia Russell Henley
    3. J. Denise Carter
    4. James Richard Butler
    5. Thomas Lane Hooton
    5 lawyer answers

    How many years in TDC were probated for 10 years? A plea offer will usually be X number of years, probated for Y number of years. For example: 5 years TDC probated for 10 years. The range of punishment you would be facing would be from as little as 2 years up to 5 years in TDC. Even then, there may be other options available.

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  5. What is the law about ordering someone to have a home and vehicle interlock device installed for a first time DWI

    Answered over 1 year ago.

    1. Macy Michelle Jaggers
    2. James Richard Butler
    3. Gene Raymond Beaty
    4. Christopher Irvin Simser
    4 lawyer answers

    If I understand your question correctly, it is not an issue of you testing positive for alcohol when you had none. It regards your missing a test on your home device, and that is the only issue. Judges order these devices to ensure that the person placed on probation is not using alcohol. I would imagine that they will check to see if the device in your car tested positive for alcohol on the day that you missed your at home test. As long as neither device tested positive for alcohol, you should...

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  6. Odds of jail time, 1st DWI, .15 over the limit?

    Answered over 2 years ago.

    1. James Richard Butler
    2. Gene Raymond Beaty
    3. John Skyler Riordan
    3 lawyer answers

    "I was very cooperative with the police, much to my lawyers dismay, and was very polite". Your lawyer is the best person to answer this question. Hopefully he or she is familiar with the policies of the Bexar County District Attorney's Office. The last time I practiced there, they were very reasonable and accommodating. My advice is that you contact your lawyer first thing in the morning and discuss your concerns. In Harris County (Houston) you would most likely get a years probation, and...

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  7. I need help!!!

    Answered 6 days ago.

    1. Cordt Cullen Akers
    2. James Richard Butler
    3. Jay Scott Finnecy
    4. Julia E. Simmons
    4 lawyer answers

    Get a lawyer in the Georgia county where you received probation. Try to get a bond on the outstanding warrant, so you can get a court date set to resolve the outstanding MRP, or Motion to Revoke Probation. It's been a year - time to put that case to rest. If you have time off during the holidays, that might be the best time to try and resolve the MRP. You may have to serve some days in jail - but hopefully not too many. Bottom line - the case will be resolved and you'll finally have some peace...

    4 lawyers agreed with this answer

  8. Can you get less than the 30 day minimum for a 2nd DWI in the state of Texas?

    Answered 4 months ago.

    1. Cynthia Russell Henley
    2. James Richard Butler
    3. Larry Forman
    3 lawyer answers

    That's a shame because probation is a way of getting around the 30 days. If they would agree to punish it as a first offense, that is another way of doing it. A second offense probation carries a three day minimum jail term as a condition of probation, and five day jail term if the prior DWI was within five years of this one.

    4 lawyers agreed with this answer

  9. If my license was never suspended and i never got surcharges for my first offense dwi, am i suppose to have an interlock?

    Answered 6 months ago.

    1. Macy Michelle Jaggers
    2. James Richard Butler
    3. Cynthia Russell Henley
    4. Julia E. Simmons
    5. Thomas Lane Hooton
    5 lawyer answers

    An interlock device is required by statute because you blew over .15. The good news is that your lawyer can move the court to remove it after one half of the probation period has expired. Also - the judge is not required by statute to order the interlock device installed, if the judge believes it is in the best interest of justice not to do so. Hope this helps.

    4 lawyers agreed with this answer

  10. How does a court view a 2nd DWI incurred within 2 years of 1st DWI - with the 1st DWI having a successful pre tial diversion?

    Answered 11 months ago.

    1. Thomas Crosby Stephenson
    2. James Richard Butler
    3. John Joseph Eastland
    4. Achmed Mirari Defreitas
    4 lawyer answers

    I agree that it will be filed as a class B misdemeanor. Yes, the prosecutors will take into consideration the fact that you were just charged with DWI within the past two years, but they cannot use that prior DWI for enhancement purposes. If there was a prior ALR suspension , then DPS will seek either a one-year suspension if you failed the chemical test or a two-year suspension if you refused a chemical test in this case. Hope this helps.

    4 lawyers agreed with this answer

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713-236-8744